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HomeMy Public PortalAbout03-March 28, 2018 Regular Commission Meeting Minutes CITY OF OPA-LOCKA "The Great City" CLERK'S ACTION SUMMARY MINUTES RECESSED REGULAR COMMISSION MEETING WEDNESDAY, March 28, 2018 7:00 P.M. Helen L.Miller Center 2331 NW 143rd Street Opa-locka, FL 33054 1. CALL TO ORDER: Mayor Myra L. Taylor called the meeting to order at 7:00 p.m. on Wednesday, March 28, 2018 at the Helen L. Miller Center, 2331 NW 143rd Street, Opa-locka, Florida. 2. ROLL CALL: The following members of the City Commission were present: Mayor Myra L. Taylor, Vice Mayor Joseph L. Kelley, Commissioner Timothy Holmes, and Commissioner John Riley. Also in attendance were: City Manager Ed Brown, City Attorney Vincent T. Brown, and City Clerk Joanna Flores. Commissioner Matthew Pigatt arrived at 7:07 p.m. 3. INVOCATION: The invocation was delivered by Mayor Myra L. Taylor. 4. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 5. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS: Special Presentation—Foster Parent Recognition The commission presented commendations to the foster parents in Opa-locka for providing a safe and happy home for youth who need families that will support and love them. 6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions): The following items were pulled from the Consent Agenda to be discussed separately under Action Items: deferred 13-1, 13-5, and 13-6 (City Manager Brown); pulled 13-4 and 13-7, deferred 16.B.1. (Commissioner Riley); pulled 13-2, 13-8, 13-9 and 13-10 (Vice Mayor Kelley). Commissioner Pigatt arrived at 7:07 p.m. Commissioner Pigatt asked why the manager is deferring item 13-1 when it is an item sponsored by the commission. A motion was made for the commission to defer the item. Regular Commission Meeting Minutes—3/28/2018 1 It was move by Commissioner Riley, seconded by Commissioner Holmes to defer the item. Commissioner Pigatt said that he is concerned that the item is being moved to a special meeting tomorrow when the residents have been waiting for this. He objects to deferring the item. Commissioner Holmes withdrew his second on the item. Vice Mayor Kelley said that he has never been in favor of having special meetings whenever the decision making will impact the public. Commissioner Riley said that it is incumbent on the commission to have this workshop so that further information can be received regarding the item. Mayor Taylor seconded the item. There being no further discussion, the motion to defer failed by a 3-2 vote. Commissioner Riley Yes Commissioner Holmes No Vice Mayor Kelley No Commissioner Pigatt No Mayor Taylor Yes A request was made to amend the agenda as follows: NEW ITEMS: 14-1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, CALLING ON THE STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS, MAGAZINES AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD KEEP MILITARY-STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM OUR SCHOOLS; AUTHORIZING THE CITY CLERK TO TRANSMIT THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Sponsored by Mayor Taylor The above resolution was read by City Clerk Flores. It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to amend the agenda to include item 14-1. There being no further discussion, the motion to amend the agenda to include item 14-1 passed by a 5-0 vote. Commissioner Riley Yes Regular Commission Meeting Minutes—3/28/2018 2 Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes 7. APPROVAL OF AGENDA: It was moved by Commissioner Riley, seconded by Vice Mayor Kelley to approve the agenda, consent agenda and pull list. There being no discussion, the motion passed by a 5-0 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes 8. APPROVAL OF MINUTES: Continued Second Budget Hearing Minutes—October 17, 2017 It was moved by Commissioner Riley, seconded by Commissioner Holmes to approve the minutes from the Continued Second Budget Hearing of October 17, 2017. There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes Continued Second Budget Hearing Minutes—October 25, 2017 It was moved by Commissioner Riley, seconded by Commissioner Holmes to approve the minutes from the Continued Second Budget Hearing of October 25, 2017. There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes Regular Commission Meeting Minutes—January 10, 2018 It was moved by Commissioner Holmes, seconded by Commissioner Riley to approve the minutes from the Regular Commission Meeting of January 10, 2018. Regular Commission Meeting Minutes—3/28/2018 3 There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes Regular Commission Meeting Minutes—January 24, 2018 It was moved by Commissioner Riley, seconded by Commissioner Holmes to approve the minutes from the Regular Commission Meeting of January 24, 2018. There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes Regular Commission Meeting Minutes —March 14, 2018 It was moved by Commissioner Riley, seconded by Commissioner Holmes to approve the minutes from the Regular Commission Meeting of March 14, 2018. There being no discussion, the motion passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes Commissioner Pigatt questioned the backlog of the minutes and why they are so far behind. City Clerk Flores read into the record, a memorandum explaining that never before have the minutes been backlogged by this amount. She stated that because of the City coming under financial oversight, the amount of meetings, budget hearings, workshops, etc. have almost tripled and therefore, the minutes will fall behind; this is accompanied by the fact that the department is short staffed also due to the financial emergency. Commissioner Riley reiterated the overwhelming amount of minutes and staff shortage as stated by the clerk. He said that the commission knew since 2016 and 2017 that the services would suffer and this would be a problem as a result of the financial emergency and this should not be a topic at this time. Regular Commission Meeting Minutes—3/28/2018 4 Commissioner Pigatt said that he will think about this for two weeks and see if anything can be done to aide with a faster completion of the minutes. 9. DISTRICT ONE/DISTRICT TWO - COUNTY COMMISSIONER REPORT: Larry Gardner, Commissioner Barbara Jordan's Office, District II, said that he has nothing to report at this time, but will take any issues or concerns the commission may have back to Commissioner Jordan. There were no issues or concerns at this time. 10. PUBLIC PRESENTATION: 1. Newall J. Daughtrey & Associates Ref: City of Opa-locka Five Year Financial Recovery Plan City Manager Brown said that this is unacceptable. He has not spoken to Mr. Daughtrey since he was terminated in February. Mr. Daughtrey has been compensated for the services he provided putting together the Five Year Financial Recovery Plan. The documents that he reviewed from Mr. Daughtrey was determined to be insufficient to present to the commission or the financial emergency board. He is in the process of preparing a financial recovery plan and will be presenting it to the commission in the near future. The finances of the City has changed in the sixty days that he has not seen Mr. Daughtrey so he does not understand how he is requesting a presentation when he does not have all of the information; at this point he is interfering. Newall Daughtrey said that he was hired by the commission to work on the recovery plan. He has attempted to meet with the manager when he was under contract and when he was wrongfully let go, but the manager refused to meet with him. He has researched and he knows what it takes to come out of the financial emergency. He loves the City and he wants to make an effort to do something it. 11. CITIZENS' INPUT: Eva Bryant, 3160 NW 131St Street, Opa-locka, FL, asked when the City planned to work on the road in her area, it is a river over there when it rains. Public Works Director Airia Austin said that at this time they are awaiting the completion of the financial audit to present to the oversight board so that the funds can be released. The estimated time for the completion of the audit is in June. Mayor Taylor acknowledged Pastor Rhonda Thomas. Terry, PSWAP Program, said that he is in support of the swimming program that has allowed the youth to come and learn how to swim and learn CPR. It is vital the program is kept alive. Carlson and Linda Disilma, said that they benefit as well because it is an awesome program that keeps the kids off the streets and gives them something to do. It is a family operated organization and shows the solidarity in families which is an example for the youth. Regular Commission Meeting Minutes—3/28/2018 5 Rose Latimore, Miami Lakes Middle School, said that the organization is beneficial to kids like her because learning how to swim can lead to her possibly being in the Olympics. Tia Major, 17925 NW 7th Avenue, Miami, FL, said that she also supports PSWAP and thanked Bridgette and her husband for the opportunity. Dr. Linda Brown said that she provides CPR training and these young people that she trains can grow up to be junior life guards. It is all about saving lives. Commissioner Holmes asked the group why they were there and what are the problems since they have occupied the building previously. Bridgette McKinney said that they wanted to appeal to the commission because their item is on the agenda for tonight. The program that she is offering is very vital and she wants to be able to continue to provide the service. Chris Roberts, 540 Sharar Avenue, Opa-locka, FL, questioned why everyone was so concerned about the pool when it is spring for the children and they are unable to use the pool. Parks and Recreation Director Charles Brown said that spring break is for four days and there are lessons and swimming for the camp kids. There is a staff shortage so they cannot accommodate the community; that is done during the summer time. Sherlene Bass, 1251 Peri Street, Opa-locka, FL said that she has lived in the City for 28 years and is a homeowner. She has attended commission meetings throughout the years, but had stopped coming. She had wanted to make a difference in the community, but it is a bad situation. The last meeting she attended she brought her grandson and he questioned why everyone was being so rude; what happened to common courtesy. The commission are elected officials that were voted for by the residents and the behavior of some on the dais is appalling. Eric Redmon, Villa Francine, asked if the City has recouped any money from any of the lawsuits that the attorney is defending. He said obviously the answer is no. He understands that there is a resolution regarding Klub 24 and he is not challenging it tonight. If there is anything that needs to be done to put them in compliance, then please allow them to do so. Natasha Ervin, 670 Dunad Avenue, Opa-locka, FL said that her brother was attacked recently and was left on the side of the road by the police department. He was told that they had another call for someone who was shot. Her situation is just as important as anyone else and it is unacceptable for the residents to be left on the side of the road. 12. ACTION ITEMS: 1 (13-1). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WITH MIAMI-DADE COUNTY, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THE BILLING OF WATER, SAINTARY SEWAGE AND STORM WATER UTILITY SERVICE CHARGES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Commission jr 11):: _ Regular Commission Meeting Minutes—3/28/2018 6 The above resolution was read by Attorney Brown. It was moved by Commissioner Holmes, seconded by Vice Mayor Kelley for discussion. Vice Mayor Kelley said that he is not going to go into this too much because it was already addressed in the workshop and agreed upon. He said that the City needs to move forward with this part. Commissioner Pigatt said that the residents have been concerned about the water bills and this will allow for 75 percent of the revenues that come from water billing will be accurate. It is a huge accomplishment of the commission. Commissioner Holmes said that when the item came up during the meeting with Commissioner Jordan, he thought the process would have moved forward. He is hoping that they move on the item so that something can be done. Commissioner Riley said that he does not know why there is not a clear understanding on where the City is with this at this time. City Manager Brown said that after the Sunshine Meeting there was to be another meeting with the county. In that meeting with the county, it was decided that the City would go another way with the process and this was signed off on by David Ritchie. The business owners will be double billed for five months until the bills are caught up. The systems have to be totally integrated and all of the meters have to be changed. This has not been done so why is the changeover going on at this time. Commissioner Pigatt asked that David Ritchie come before the commission and discuss the amendment to agreement with the county regarding the water bills. Miami-Dade County Representative David Ritchie said that the proposal that the county submitted to Opa-locka was that the county believed that due to the length of time that it was taking them to satisfy the agreement in full in order to help the City. There were three options on the table: 1) start billing customers in cycle 2 because this is the cycle that all of the meters have been changer for which includes residential and commercial and equates to about fifty percent (50%) of the City's customers. They can begin billing all of those customers by incorporating them into Miami-Dade's system. He did not approve this as the manager has said; he does not have the authority. It was the county who approved this. Commissioner Pigatt said that this is something that was agreed on last year and this amendment simply speeds up the process. The discussion is unrelated to the item. The customers need to be billed properly so that revenues are coming in. Mayor Taylor said that this is not that simple because based on the conversation, the county would be over the billing. This means that the county would be paid first and then what is owed to the City, the City would have to seek the funds for itself. This would work for the county who is collecting the current, but not for the City who would have to collect the past due amounts. It should be done where you can kill two birds with one stone. Mr. Ritchie said the customers would have to be put on a payment plan and if it is not followed then the water will be disconnected until the past due amount is received. Regular Commission Meeting Minutes—3/28/2018 7 Commissioner Riley said that Florida Statutes 180.135 states that you cannot refuse service or disconnect service to a tenant or previous tenant unless you have filed a lien. You also cannot bill the new tenant; you have to go after the old one. The law must be obeyed. Mayor Taylor thanked everyone for presenting their opinions, but said that she is concerned that the City will have to chase money, while the county has nothing to be concerned about. There being no further discussion, the motion on the resolution passed by a 3-2 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Mayor Taylor No 2 (13-2). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO SETTLE, SATISFY AND EXECUTE LIEN RELEASES IN MITIGATION OF CODE ENFORCEMENT LIENS ON PROPOERTY LOCATED AT 1150 SESAME STREET, OPA-LOCKA, FLORIDA IN THE AMOUNT OF $5,000.00; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager *Deferred from 03/14/2018 The above resolution was read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Holmes for discussion. Vice Mayor Kelley asked for clarity on the item and why is the City settling for $5,000.00. City Manager Brown said that properties are being purchased in the City without the owners doing a lien search. Monies are then put into the property to rehabilitate it, but then once the liens are discovered, the owners cannot afford to pay it and the properties are abandoned. He brought it before the commission and they can vote it up or down or provide direction. Vice Mayor Kelley said that most of these properties that are being rehabilitated are used as rental properties and not for homeownership. They get the liens reduced and then turn around and make money off of it and he is not in favor of this. Commissioner Pigatt agreed with the vice mayor. Mayor Taylor asked if the lien was more then the value of the property, does the City have the right to take the property. City Attorney Brown said that the property would have to go through foreclosure and the time and money it would take to foreclose it would place extra financial burden on the City. There being no further discussion, the motion on the resolution failed by a 5-0 vote. Vice Mayor Kelley No Commissioner Pigatt No Regular Commission Meeting Minutes—3/28/2018 8 Commissioner Riley No Commissioner Holmes No Mayor Taylor No 3 (13-3). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO TRANSFER FUNDS FROM THE LAW ENFORCEMENT TRUST FUND (LETF-65) TO APPROPRIATE CITY OF OPA-LOCKA OPERATING ACCOUNT TO PAY SOUTH FLORIDA COUNCIL, LEARNING FOR LIFE INVOICE, IN AN AMOUNT NOT TO EXCEED $667.00, TO RECHARTER THE POLICE EXPLORER PROGRAM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager*Deferred from 03/14/2018 The above resolution was read by Attorney Brown. It was moved by Commissioner Pigatt, seconded by Commissioner Holmes for discussion. Commissioner Pigatt asked the manager how many students are participating in the program. City Manager Brown asked the chief of police to come before the commission and speak. Chief of Police James Dobson came before the commission and said that there currently are no police explorers at the department. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes 2 (13-4). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS ($8,000.00) FROM THE LAW ENFORCEMENT TRUST FUND (LETF-65) TO AN APPROPRIATE CITY OF OPA-LOCKA OPERATING ACCOUNT IN ORDER TO PAY MIAMI-DADE COLLEGE—SCHOOL OF JUSTICE—THE ASSESSMENT CENTER FOR CONDUCTING THE POLICE SERGEANT PROMOTIONAL PROCESS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager D E rred from 011, 1411111<S 1;1 a The above resolution was read by Attorney Brown. It was moved by Commissioner Riley, seconded by Commissioner Pigatt for discussion. There being no further discussion, the motion on the resolution passed by a 4-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley No Regular Commission Meeting Minutes-3/28/2018 9 Commissioner Holmes Yes Mayor Taylor Yes 6 (13-7). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CLOSURE OF KLUB 24 AND DIRECTING THE CITY MANAGER TO DO ALL THAT IS NECESSARY TO ENSURE THE CLOSURE OF KLUB 24 UNTIL IT IS IN FULL COMPLIANCE WITH ALL STATE, COUNTY AND MUNICIPAL LAWS AND ORDINANCES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager*Deferred from 03/14/2018 The above resolution was read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Pigatt for discussion. Vice Mayor Kelley said that based on the information that he received from the attorney, the club is not there properly and they need to be closed until they come into compliance. It has been said that he is opposed to strip clubs because he is a pastor, but that is not the case. There are a lot of businesses that he thinks should not be in the City so that has nothing to do with it; he is following the legal opinion. Commissioner Riley was speaking when the audience began heckling the commission. Mayor Taylor asked that the police maintain order in the meeting. Commissioner Riley asked that the police take a statement from Alvin Burke who he said accused him of taking money and he wants him to prove it. He is accusing him of a criminal act and he wants him to prove it; he will not tolerate this anymore. He then went on to say that the proper thing needs to be done and in the resolution, there is no authority for this government or the city manager to close down any business. Closing down the club will lead to costly litigation. Commissioner Pigatt thanked the vice mayor for bringing back the item. He then asked the manager what he has done regarding the commission asking him to close down the club from a prior meeting. City Manager Brown said that he has not attended any meetings where he has been asked to close down the club. Also, there are no laws that give him the authority to shut down the business. He asked what the premise was of closing them down after the City has given them a license to operate. He said that the new code that was adopted in 2015 does permit nudity and provides for an adult establishment to be there. The City has not done what it needs to do in terms of codifying, so if you research it you will see the old code. He is not defending Klub 24 or any other establishment, but to order him to close a business is not right. He has not seen any legal document where he can close the club. If the commission is forcing him to do something off of a code that does not exist, then they are asking him to break the law. Commissioner Pigatt said that the manager was given a directive to close the club and he has not done anything and is a violation of the City's laws. Regular Commission Meeting Minutes—3/28/2018 10 City Manager Brown said that he was not given a directive to close the club, he was asked to look into the matter and he did. He provided a report that he did not see where the business had broken any laws. Commissioner Pigatt said that no one here has a problem with the club being in the City, but it circumvented the process and that violates the laws. Mayor Taylor asked the sponsor to allow one month for the business to do all that is necessary to come into compliance. The City does not need another lawsuit and this will be a mess. Commissioner Pigatt asked the manager if his office has met with anyone from the club. City Manager Brown asked why such a question is necessary. The new ordinance says that the club is in compliance of doing these things. He said that attorney is not the only one here who knows how to read and interpret and he can interpret the laws very well. City Attorney Brown said that he is the only one here with a law license. Mayor Taylor told Commissioner Pigatt that his questions are throwing shade at the manager and that is not right. Commissioner Holmes said that the buck stops right here with the commission and at the next meeting he would like a resolution to hired a new city manager. He likes the city manager, but he cannot function on likes, he has to do what is best for the City. He suggested that a fine be place on the club for six hundred and fifty thousand dollars ($650,000.00) and then allow them to come into compliance. City Attorney Brown apologized to the city manager for the disagreement they had moments earlier. He said that they two have history and should not get into disagreements over things that do not affect them personally. He then went on to read from the land development code and reminded the commission that the City has an obligation to enforce and uphold the comprehensive master plan that is a part of the land development regulation code. If this is not upheld, then the City is subject to violating state law. There has been a litany of things that have taken place between the club and the City. At the end of it all, the City has an obligation to honor the laws of the master plan. Commissioner Pigatt said that this is why he wanted to have the manager terminated. He has been given directives that he has not followed and he has not faithfully executed the laws of the City and this in not proper. City Manager Brown said that is not necessary because he can hand in his resignation right now. Mayor Taylor said that this is going too far and she wants to hear from the sponsor. She asked him to allow for one month giving the club time to come into compliance. Vice Mayor Kelley said that he is not sure what the mayor is asking him to do because the club in not in compliance with the City laws and if something happens there, the City will be liable. He is following the legal opinion of the attorney and she should ask him. Mayor Taylor asked the attorney if this is possible. Regular Commission Meeting Minutes—3/28/2018 11 City Attorney Brown said that the challenge is that the City has an obligation under state law to comply with its own Comprehensive Master Plan under the charter. The business is in violation and the business is in violation at this time. That would be asking to prolong two illegal acts. Mayor Taylor said that is not what she is asking for the record, she is just trying to avoid another lawsuit. City Attorney Brown said that he has to do what is ethical and lawful. It is ethical for him to meet with them, but he does not if it is lawful to meet with them because everyone is in violation of both laws. Mayor Taylor asked if there can be a compromise by having a sit down. City Attorney Brown said that there have been plenty of discussions long before today. If the advice had been heeded long before today, then it would not be a discussion tonight. Staff has worked with Mr. Dean to come into compliance with City code, but he chose to do something other than that. There being no further discussion, the motion on the resolution passed by a 3-2 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Mayor Taylor No 7 (13-8). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING AN EMERGENCY PROCUREMENT, APPROVING THE HIRING OF 300 ENGINEERING GROUP, P.A. AND AUTHORIZING THE CITY MANAER TO ENTER INTO AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR DISASTER RECOVERY ANALYSIS IN ADDITION TO PREPARING DOCUMENTS FOR FEMA REIMBURSEMENT IN AN AMOUNT NOT TO EXCEED $150,000.00; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Vice Mayor Kelley said that just like the previous item, there has been a lot of back and forth on this item. The commission is being asked to do this as an emergency procurement for the amount in the resolution. He asked if the money would come from FEMA or the City. City Manager Brown said the funds would be paid upfront by the City, and then it will be reimbursed by Ii'.MA. It comes under emergency because at the last oversight meeting, the emergency came into question and there are laws that give the City the right to use the emergency procurement process without a competitive bid process. He has been dealing with the state and trying to rectify the situation. Regular Commission Meeting Minutes—3/28/2018 12 Commissioner Riley said that the item was approved by the commission, but not the oversight board. The board found that there was a local ordinance that approved this. The local ordinance had not been found previously and that is why the item was put back on the agenda. Vice Mayor Kelley said that it is obvious that the City needs help from FEMA, but he wants to make sure the City is in compliance based on what Commissioner Riley is saying. City Attorney Brown said that there must be a certification. It must layout that the matter needs immediate attention, the loss that will be incurred as a result of the failure to act, and why the City was not able to go through the standard procurement process. Vice Mayor Kelley said that he understands the need for a firm, but hopes that the criteria has been met. Commissioner Pigatt said that he is concerned about this item and this is why he put forth an item previously to terminate the manager. The oversight board clearly disapproved the resolution and when on to state that the City needs to take action to ensure compliance with IiEMA rules and regulations. They further cautioned that pursuant to the state and local agreement, any affirmative act that jeopardizes the City's financial recovery and failure to resolve the state of financial emergency constitutes malfeasance, misfeasance, and neglect of duty for the purposes of Section 7, Article 4 of the Florida Constitution. It was recommended that the City takes steps to resolve this matter. He asked the manager what has changed from the issuance of the letter to the contract being put back on the agenda. City Manager Brown said that the commission does not speak with the state everyday as he does And basically what was wrong with the resolution is that it had a title, but the second section did not speak to the services that 300 Engineering was offering; he brought this to the attention of the attorney. That is why the inspector general kicked back the item. When the state went on Municode, they only read that there was a three bid process. They did not read where it says that in an emergency situation, a sealed bid process can be done. Also, in an emergency situation, where there will be financial harm to the City, the emergency procurement can be used. If the three bid process was used, the City would have been out of any obligation to get any type of reimbursement from FEMA because the time would have taken months to go through the normal bidding process and it would have been too late. He did not want to put the City at risk from receiving anything. This does not have to pass, but the company has been working with the City for months. If the commission desires to go through the three bid process, then it is up to the commission,but the movement of the paperwork must continue. City Attorney Brown said that he and the manager will sit with the state and see how this can be rectified. There being no further discussion, the motion on the resolution passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes Regular Commission Meeting Minutes—3/28/2018 13 8 (13-9). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH ANTHONY BRUNSON, P.A., FOR CERTIFIED PUBLIC ACCOUNTANT SERVICES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Vice Mayor Kelley, seconded by Commissioner Riley for discussion. City Manager Brown said that in the resolution, the two amounts does not equal both 2014 and 2015 audits and that was the need for the amendment. Vice Mayor Kelley said that the amendment is a significant change and he is concerned. He was prepared for more because when they came in, the realized it was more than they thought, but this is too much. City Manager Brown said that the amount should be sixty five thousand dollars per audit year. Commissioner Pigatt asked for a breakdown of the amounts. Commissioner Riley read the section of the contract that breaks down the amounts of the charges for the current audits as well as anticipated future audits. City Attorney Brown agreement with Commissioner Riley and suggested that the item be deferred. Commissioner Pigatt requested that Mr. Brunson inform the commission of what he needs to do what he needs to do. If extra monies are incurred he would like a breakdown of what the City is paying for. This item was deferred by the sponsor. 8 (13-10). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A COMMUNITY SPACE AGREEMENT WITH PSWAP MENTORSHIP AND SWIM ORGANIZATION INC., IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, COMMENCING MARCH 29, 2018 THROUGH MARCH 2019; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager Def,:!,1-ftd fra,Nal X3;14;2018 The above resolution was read by Attorney Brown. City Attorney Brown stated that there is a scrivener's error and the ending date should read MARCH 28, 2019. It was moved by Commissioner Riley, seconded by Vice Mayor Kelley for discussion. Regular Commission Meeting Minutes—3/28/2018 14 Vice Mayor Kelley said that he is not anti PSWAP, but there are so many organizations that contact the City or want to bring in their programs and use the City's space for free. He wants to make sure that the City's facilities are self-sufficient and running at no cost to the City. At some point and time, the commission will have to look into giving out space to organizations. There are currently two organizations occupying Sherbondy Park for free. Commissioner Pigatt said that he is a fan of PSWAP and is concerned about the current contract. He asked why it changed from the summer to year round and what activities will be going on. Also, why is all of this additional space being included in the contract. He asked that the item be deferred until all of the information can be provided. This item was deferred by the sponsor. 13. CONSENT AGENDA: 1 (13-11). A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, ENDORSING AND SUPPORTING THE MIAMI-DADE TRANSPORTATION PLANNING ORGANIZATION'S STRATEGIC MIAMI AREA RAPID TRANSIT (SMART) PLAN AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE MIAMI-DADE TRANSPORTATION PLANNING ORGANIZATION FOR THE DEVELOPMENT OF AN IMPLEMENTATION PLAN IN AN AMOUNT NOT TO EXCEED $12,600.00 IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager The above resolution was read by Attorney Brown. It was moved by Commissioner Riley, seconded by Vice Mayor Kelley for discussion. The motion on the resolution passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes 14. NEW ITEMS: 14-1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, CALLING ON THE STATE OF FLORIDA, GOVERNOR RICK SCOTT, PRESIDENT DONALD TRUMP, AND THE FEDERAL GOVERNMENT TO REDUCE GUN VIOLENCE IN AMERICA AND HELP PREVENT FUTURE SHOOTINGS BY REQUIRING A BACKGROUND CHECK FOR EVERY FIREARM SALE; SUPPORTING THE PASSAGE OF A RED FLAG LAW; SUPPORTING RAISING THE AGE FOR LEGAL PURCHASE OF FIREARMS, MAGAZINES AND AMMUNITION TO 21; SUPPORTING THE PASSAGE OF LEGISLATION THAT WOULD KEEP MILITARY-STYLE WEAPONS AND HIGH-CAPACITY MAGAZINES AWAY FROM Regular Commission Meeting Minutes—3/28/2018 15 OUR SCHOOLS; AUTHORIZING THE CITY CLERK TO TRANSMIT THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Sponsored by Mayor Taylor The above resolution was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no persons to speak, the public hearing was closed. It was moved by Vice Mayor Kelley, seconded by Commissioner Riley for discussion. Vice Mayor Kelley said that he hopes nothing comes back on the elected officials regarding this item. Commissioner Pigatt said that he would like to review this further before voting. Mayor Taylor said that this is for the children and she would like to move on this right away. There being no further discussion, the motion to pass the resolution passed by a 5-0 vote. Commissioner Riley Yes Commissioner Holmes Yes Vice Mayor Kelley Yes Commissioner Pigatt Yes Mayor Taylor Yes 15. PLANNING & ZONING: A. HEARINGS: B. APPEALS: 16. ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING ORDINANCE(S): 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE 15-25 THAT GOVERNS THE PREPARATION OF AGENDAS FOR CITY COMMISSION MEETINGS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR ADOPTION OF ARTICLE; PROVIDING FOR AUTHORITY; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsored by Vice Mayor Kelley t' Fr; 93114:24)18 The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. Regular Commission Meeting Minutes—3/28/2018 16 It was moved by Vice Mayor Kelley, seconded by Commissioner Pigatt for discussion. Commissioner Riley said that if the commission wanted something on the agenda, it would have had to be in by 12:00 p.m. today and that ties the commission's hands because it is fourteen days out. Vice Mayor Kelley said that this item came from the last meeting when the submitting of items was discussed. He thinks if there is something wants to put on the agenda, it can still be done as an add-on item, but between the appointed officials, there needs to be something more feasible in place. Commissioner Riley said that the commission had been complaining about the add-on item, so how is it now an option. Vice Mayor Kelley said that he brought the item so that they can have more structure and force to put their items in earlier. This only first reading and this is just a suggestion. If anyone wants to make any changes to the item, he does not mind. Commissioner Pigatt asked if there can be an amendment that pushes back when the commission receives the agenda packets. This is since the time is being pushed back for submitting items. City Attorney Brown said that is a separate ordinance from this one. Commissioner Pigatt said that he supports the item. There being no further discussion, the motion on the ordinance passed by a 3-2 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley No Commissioner Holmes Yes Mayor Taylor No 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE 17-13 BY AMENDING THE ANNUAL ADOPTED GENERAL FUND BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018, ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A"; PROVIDING FOR THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGET EXPENDITURES; PROVIDING FOR FEES CONSISTENT WITH APPROPRIATION AND AMENDMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager ? , t $ . '4,29 The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. Regular Commission Meeting Minutes—3/28/2018 17 It was moved by Commissioner Riley, seconded by Mayor Taylor for discussion. Vice Mayor Kelley said that he is really not thrilled with some of the expenditures, but he knows that an amended budget has to be passed. He is not sure why the twenty eight accounts are out of balance, but believes a lot of it might come from Hurricane Irma. City Manager Brown asked the budget director to come before the commission and explain the deficit. Assistant City Manager/Budget Administrator Ernesto Reyes said that only sixty seven thousand dollars ($67,000.00) came from the hurricane, the other amounts came from inadequate accounting balances from the previous administration; all of that has contributed to the over two hundred thousand dollars ($200,000.00) in question. Vice Mayor Kelley said that these types of things should have been accounted for because the amendment needs to be submitted. Commissioner Pigatt said that he agrees with the vice mayor and also has requested the support documents for the over nine thousand dollars ($9,000.00) that was paid to the city manager. He said he will not support this budget amendment until all of the issues that have been addressed prior are included in this. Vice Mayor Kelley said that he will support the item tonight, but will not support it on second reading if all of the issues are not corrected. There being no further discussion, the motion on the ordinance passed by a 4-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes 3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING ORDINANCE 17-14 BY AMENDING THE ANNUAL ADOPTED PROPRIETARY AND SPECIAL REVENUE FUND BUDGET FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2017 AND ENDING SEPTEMBER 30, 2018, ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A"; PROVIDING FOR THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGET EXPENDITURES; PROVIDING FOR FEES CONSISTENT WITH APPROPRIATION AND AMENDMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager •D ele rg i, fr r 14:1,51'5 The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. Regular Commission Meeting Minutes—3/28/2018 18 It was moved by Commissioner Riley, seconded by Mayor Taylor for discussion. Commissioner Pigatt asked if this has anything to do with the water rates. Mr. Reyes said, "No." Commissioner Pigatt asked if it has anything to do with the employees in the water office. Mr. Reyes said, "No." He said that it only addresses the twenty eight accounts. There being no further discussion, the motion on the ordinance passed by a 4-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Yes Mayor Taylor Yes 4. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, DESIGNATING ALADDIN STREET FROM CALIPH STREET TO FISHERMAN STREET AS DAVID GRANT STREET; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.Sponsored by Vice Mayor Kelley The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Riley, seconded by Commissioner Holmes for discussion. Commissioner Pigatt asked if there were still any reservations from the family. Kevin Grant, Son of David Grant cane before the commission and stated that it was not an issue, they just did not want the street to overlap with one already named after President Barack Obama. Commissioner Pigatt said that he still had not received the back-up documents with Mr. Grant's achievements and had to learn about him from his family. Vice Mayor Kelley said that was going to save that for the ceremony and read everything then. That is why it is not included with this resolution. There being no further discussion, the motion on the ordinance passed by a 5-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Regular Commission Meeting Minutes-3/28/2018 19 Commissioner Holmes Yes Mayor Taylor Yes B. SECOND READING ORDINANCE(S)/PUBLIC HEARING: 1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING CHAPTER 2, ARTICLE XI, DIVISION V - CIVIL SERVICE BOARD OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing held on February 28, 2018). Sponsored by Commissioner Riley This item was deferred by the sponsor. 2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AMENDING THE OPA-LOCKA CODE OF ORDINANCES, CHAPTER 22 ZONING; ARTICLE IV DISTRICTS - PERMITTED USES AND DEVELOPMENT STANDARDS, SEC. 22-94. - I-4 LIBERAL INDUSTRIAL DISTRICT, STORAGE AND SALVAGE, MAXIMUM HEIGHT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR ADOPTION OF ARTICLE; PROVIDING FOR AUTHORITY; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing held on February 28, 2018). Sponsored by Commissioner Riley The above ordinance was read by Attorney Brown. Mayor Taylor opened the floor for a public hearing. There being no persons to speak on the public hearing, the public hearing was closed. It was moved by Commissioner Riley, seconded by Vice Mayor Kelley for discussion. Commissioner Pigatt said that he expressed his concerns about this item not having any backup documentation from the experts on staff. He believes the height requirements should remain as is so that businesses such as these that are unsightly do not change how the City looks or how others look at the city. Vice Mayor Kelley said that he thought staff was going to provide their recommendation or opinion regarding this item and hopes in the future this can be provided so they can review it before the meeting. Commissioner Riley asked the attorney to provide clarifying language in the future. Mayor Taylor asked why the wall would be lower than the height of the vehicles that are stacked. The people who are grandfathered in are challenging the fact that they are being asked to lower the stacks even though they are on a main thoroughfare. Commissioner Pigatt asked if this is in response to the lawsuit. Regular Commission Meeting Minutes—3/28/2018 20 City Attorney Brown said, "No." Commissioner Pigatt said that he does think it is in the best interest of the City to lower the walls. He does not want people passing through and referring to the City as "Junka-locka." There being no further discussion, the motion on the ordinance passed by a 3-1 vote. Vice Mayor Kelley Yes Commissioner Pigatt No Commissioner Riley Yes Commissioner Holmes Not Present Mayor Taylor Yes Commissioner Holmes left at 11:15 p.m. C. RESOLUTIONS: 17. CITY MANAGER'S REPORT: A. Financial Emergency Board Update B. Glorietta Apartments C. Update on Cultural Arts Center D. Water Bills E. Roads, Streets and Infrastructure Projects 18. OFFICIAL BOARD REPORTS: Commissioner Pigatt appointed Mr. Alvin Burke to the Fair Housing Nuisance and Abatement Board and Mr. Otis Alexander to the Historic Preservation Board as one of the At-Large Appointments. It was moved by Commissioner Pigatt, seconded by Commissioner Riley to pass the board appointments. There being no further discussion, the motion on the board appointments passed by a 4-0 vote. Vice Mayor Kelley Yes Commissioner Pigatt Yes Commissioner Riley Yes Commissioner Holmes Not Present Mayor Taylor Yes 19. MAYOR/COMMISSION REPORT: Commissioner Pigatt thanked the manager for sending Mr. Green to the audit workshop and hopes that he will be available for his agenda briefings. Regular Commission Meeting Minutes—3/28/2018 21 Mayor Taylor thanked the police department for responding to the resent shootings and patrolling the City which puts the residents at ease. 20. OFFICIAL BOARD APPOINTMENTS: 21. ADJOURNMENT: There being no further business to come before the commission, it was moved b ommissioner Riley, seconded by Vice Mayor Kelley to adjourn the meeting at 1 8 p.m. AYO' ATTEST: ukkck • ---, CITY CLERK Regular Commission Meeting Minutes—3/28/2018 22